Failure to adequately mark the corners and edges of upper berth to be readily apparent to the Plaintiff underneath, and not hidden and/or camouflaged; and/or

Failure to adequately pad the corners and edges of upper berth; and/or

Failure to adequately warn the Plaintiff of the danger posed by the overhead berth and/or positioning and make up of cabin beds; and/or

Failure to adequately warn the Plaintiff of other accidents previously occurring onboard Defendants ships involving the positioning of beds and exposed corners and edges of upper berths; and/or

Failure to promulgate and/or enforce adequate policies and procedures to ensure that beds are safely positioned and made up in cabins so that there are no exposed corners and edges of upper berths positioned over the heads of passengers; and/or

Failure to promulgate and/or enforce adequate policies and procedures to ensure that passengers are adequately warned that beds are positioned and made up in cabins with exposed corners and edges of upper berths positioned over the heads of passengers; and/or

Failure to analyze accidents previously occurring onboard Defendants ships involving the positioning of beds and exposed corners and edges of upper berths aboard Defendant’s vessels so as to remedy such hazardous conditions; and/or

Failure to incorporate applicable standards, including the Americans with Disabilities Act (ADA), to the Plaintiff’s cabin;

all or some of which caused and/or contributed to the Plaintiff injuring her eye when it was impacted by the exposed corner of the upper berth positioned over the head of the lower bed.

Defendant knew of the foregoing conditions causing Plaintiff’s accident and did not correct them, or the conditions existed for a sufficient length of time so that Defendant in the exercise of reasonable care under the circumstances should have learned of them and corrected them. In addition, Defendant violated the International Safety Management Code and failed to have a proper, adequate and safe Safety Management System Manual (SQM) and/or failed to follower their SQM manual. All the above caused the Plaintiff to be injured.

As a result of the negligence of Defendant, the Plaintiff was injured about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life, disability, disfigurement, aggravation of any previously existing conditions there from, incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical handicap, lost wages and her working ability has been impaired. The injuries are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. In addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation costs.

Wherefore, the Plaintiff demands judgment for all damages recoverable under the law against the defendant.

* Disclaimer required by the Florida Bar: The numbers above are the gross recoveries, before deduction for attorneys fees and expenses. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.